New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SALLY QUALLS MERCER, ET AL. v. VANDERBILT UNIVERSITY, INC., ET AL.
CORRECTED OPINION
Court:TSC
Attorneys:
Clinton L. Kelly and F. Dulin Kelly, Hendersonville, Tennessee, for
the appellant-plaintiff, Sally Qualls Mercer.
G. Brian Jackson, Robert J. Walker, and Steven E. Anderson, Nashville,
Tennessee, for the appellee- defendant, Vanderbilt University, Inc.
Robyn E. Smith and William B. Hubbard, Nashville, Tennessee, for the
amicus curiae, Tennessee Hospital Association.
Judge: HOLDER
First Paragraph:
We granted this appeal, in part, to determine whether fault was
properly assessed against the patient in this medical malpractice
action. We overrule Gray v. Ford Motor Co., 914 S.W.2d 464 (Tenn.
1996), and hold that fault may not be assessed against a patient in a
medical malpractice action in which a patient's negligent conduct
provides only the occasion for the medical attention, care, or
treatment which is the basis for the action. We also hold that the
additional issues raised by the defendant are without merit. We
therefore affirm the trial court's post-trial ruling that the
defendant is 100% at fault and is responsible for the full amount of
damages found by the jury.
CORRECTED OPINION
http://www.tba.org/tba_files/TSC/mercersq.wpd

DANNY L. DAVIS CONTRACTORS, INC. v. B. ALLEN HOBBS, ET AL.
Court:TCA
Attorneys:
Danny P. Dyer, Knoxville, Tennessee, for the appellant, Mullen
Construction Co., Inc.
John T. McArthur and Melanie E. Davis, Maryville, Tennessee, for the
appellee, Danny L. Davis Contractors, Inc.
Judge: SUSANO
First Paragraph:
Danny L. Davis Contractors, Inc. ("the plaintiff") sued (1) B. Allen
Hobbs and Pete Roach, who together did business as BH Construction,
and (2) Mullen Construction Co., Inc., ("Mullen Construction"), a
Tennessee corporation, seeking to collect money owed under a contract
the plaintiff entered into with BH Construction for the performance of
electrical work in connection with the construction of a CiCi's Pizza
restaurant. The general sessions court awarded a judgment against
Mullen Construction for $12,506.71. Mullen Construction filed an
appeal bond, and the case was then tried de novo without a jury in the
trial court. The trial court entered a judgment of $12,506.21 against
Mullen Construction. Additionally, the trial court revoked the
contractor's license of Mullen Construction, with reinstatement
dependent upon the company satisfying the judgment. Mullen
Construction appeals, contending that the trial court (1) abused its
discretion in admitting "hearsay" testimony into evidence; (2) erred
in finding Mullen Construction liable on the contract under an agency
theory; and (3) erred in revoking its contractor's license pursuant to
Tenn. Code Ann. S 62-6- 118 (1997). We affirm.
http://www.tba.org/tba_files/TCA/davisdanl.wpd

JERRY LEE CHILTON v. DAVID MILLS, WARDEN
Court:TCCA
Attorneys:
Joe H. Walker, District Public Defender and Walter V. Johnson, II,
Assistant Public Defender, for the appellant, Jerry Lee Chilton.
Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and Roger Delp, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant appeals from the judgments of the trial court denying
him habeas corpus relief. The trial court dismissed the petitions,
finding that they failed to state cognizable claims for habeas corpus
relief. We affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/chiltonjl.wpd

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